Court affirms exclusion of vacant seats in calculating quorum for no-confidence motion under Section 245 of Andhra Pradesh Panchayat Raj Act.
The Andhra Pradesh High Court, presided over by Justice Sri Ravi Cheemalapati, delivered a significant judgment on December 24, 2025, in the case of D. Venkateswaramma v. State of Andhra Pradesh. The court upheld the validity of a no-confidence motion against the President of Kurnool Mandal Praja Parishad, emphasizing the interpretation of "Total Number of Members" under Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994.
The petitioner, D. Venkateswaramma, challenged the no-confidence motion on the grounds that it was not supported by a two-thirds majority of the total members, which she argued should be calculated based on the full strength of 23 members. However, the court clarified that the term "Total Number of Members" refers only to those members entitled to vote, excluding vacancies caused by death or resignation. Thus, the effective total number of members was determined to be 19, not 23, as there were four vacancies at the time.
This decision was guided by a previous Division Bench ruling in the case of Gogineni Koteswara Rao v. Government of A.P., which established that vacancies should not be considered in determining the quorum for a no-confidence motion. The court reasoned that including vacant positions would render the statutory provisions redundant, thereby obstructing the effective functioning of the Panchayat.
The ruling provides a clear precedent for similar disputes, reinforcing the interpretation of statutory provisions regarding quorum requirements in local government bodies. The judgment affirms the exclusion of vacant seats, ensuring that motions of no confidence are carried with the genuine support of the actively participating members.
The court's decision marks an important clarification in the interpretation of local governance laws, impacting how quorum is calculated for no-confidence motions in Andhra Pradesh's Panchayat Raj institutions. The petitioner's writ was dismissed on these grounds, with the court concluding that the motion was validly carried with the support of 13 out of 19 eligible members.
Bottom Line:
Andhra Pradesh Panchayat Raj Act, 1994 - Interpretation of the term "Total Number of Members" under Section 245 - Held, the "Total Number of Members" refers to members entitled to vote, excluding any vacancies due to death, resignation, or other reasons.
Statutory provision(s): Andhra Pradesh Panchayat Raj Act, 1994, Section 245
D.Venkateswaramma v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2838062
